IDX Application Form

IDX APPLICATION FORM

Recitals

WHEREAS, Applicant seeks access to certain real estate listing data and related services made available through the Provider's IDX feed for the purpose of displaying listing information on Applicant-controlled Internet domains and applications; and

WHEREAS, Provider operates, controls, or distributes the IDX data feed and requires execution of this agreement and completion of provider application procedures to authorize access, ensure compliance with display rules, and protect data integrity; and

WHEREAS, the parties intend by this Application and accompanying Agreement terms to set forth the scope, permitted use, security obligations, payment terms, and termination rights applicable to the IDX data access granted to Applicant.

Applicant Information

Entity Type

Brokerage Independent Agent Technology Partner

Authorized Representative

IDX Access Details

Applicant will use IDX data on the following Internet domains and mobile applications. Applicant certifies that it controls each listed location and that all displays will conform to Provider display rules and MLS policies.

RETS API Other (specify in Scope of Work)

Scope of Work

Describe the intended uses of IDX data, technical integration approach, caching and update frequency, and any custom display or search features that will utilize the data. Include data retention, derivative data handling, and resale intentions if any.

Compliance and Security

Applicant certifies that it will implement and maintain commercially reasonable security measures to protect IDX data from unauthorized access, and will ensure that any subcontractors or third-party vendors accessing the data are bound by equivalent obligations. Applicant agrees to comply with all applicable MLS display rules, copyright notices, and attribution requirements.

Payment Terms

Fees for IDX access, maintenance, or special services will be invoiced in accordance with the schedule below. Applicant agrees to pay all amounts in full when due. Failure to pay when due constitutes material breach and may result in suspension of access.

Term and Termination

The term of access granted under this Application commences on and continues until unless earlier terminated in accordance with this Agreement.

Either party may terminate for convenience upon written notice delivered at least days prior to termination. Provider may suspend or terminate access immediately for material breach, including but not limited to nonpayment, unauthorized redistribution of data, or repeated display-rule violations.

Confidentiality

Applicant acknowledges that certain data elements and backend technical specifications are Confidential Information. Applicant agrees not to disclose, sell, or otherwise make available Confidential Information to any third party except as necessary to perform pursuant to this Agreement and subject to confidentiality obligations at least as protective as those contained herein. Confidentiality obligations survive termination for a period of three (3) years.

Indemnification and Liability

Applicant shall indemnify, defend, and hold Provider harmless from and against any claims, damages, or losses arising out of Applicant's misuse of IDX data, noncompliance with display rules, or breach of this Agreement. Provider's aggregate liability for any claim related to the IDX feed shall be limited to fees paid by Applicant for the six (6) months prior to the claim, except for liability arising from wilful misconduct or gross negligence.

Governing Law; Entire Agreement

This Application and the terms incorporated herein shall be governed by and construed in accordance with the laws of the jurisdiction selected by Provider at the time of approval. This Application, together with any underlying IDX Access Agreement and Provider policies incorporated by reference, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior proposals or agreements, whether written or oral.

Acknowledgment and Certification

By submitting this Application, Applicant certifies that the information provided is true and correct, that Applicant has authority to enter into this Agreement on behalf of the entity named above, and that Applicant agrees to be bound by the terms set forth herein and by any Provider policies governing IDX access and use.

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